LAWS OF DELAWARE

VOLUME 83

CHAPTER 239

151st GENERAL ASSEMBLY

FORMERLY

SENATE BILL NO. 12

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION AND THE DELAWARE STUDENT EXCELLENCE EQUALS DEGREE ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 34, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter I. Delaware Higher Education Office Student Assistance Programs

§ 3401. Purpose.

Test It is the intent and purpose of the General Assembly through this chapter to standardize aspects of and streamline administration of a variety of student assistance programs administered by the Delaware Higher Education Office.

§ 3402. Administration.

(a) This chapter shall be administered by the Delaware Higher Education Office, hereinafter referred to as the “Office.”

(b) The Office is hereby authorized to award student financial aid from the programs described in this chapter subject to the limits of its appropriations for this purpose.

(c) The Office shall adopt such rules and regulations as it deems necessary, proper, convenient or incidental to the administration of this subchapter.

(d) The Office may establish temporary or permanent advisory groups to assist in administration of these programs.

(e) The Office shall publish annually in 2 newspapers of general circulation within the State an announcement of the application deadlines. The Office shall inform college financial aid officers and high school guidance counselors within the State of application procedures and deadlines.

(f) Unless otherwise provided, no student shall be eligible for student assistance programs authorized in this chapter who was not a resident of the State for at least 12 consecutive months immediately prior to the program application deadline. The place of residence of a student who is dependent on parental financial support shall be deemed to be the legal residence of the student’s parent or guardian. The place of residence of an independent student shall be deemed to be the legal residence of the student. Whether a student is considered to be independent shall be determined on the basis of the federal government’s financial aid independent student definition. No student shall be deemed to satisfy for the first time the residence requirement of these programs while the student’s principal occupation is that of student in a postsecondary program. Evidence of legal residence in Delaware that is deemed satisfactory to the Office must be provided. Such evidence may include: prior year Delaware income tax return, a valid Delaware driver’s license, a valid Delaware vehicle registration card or other evidence of bona fide residence in Delaware. Delaware residence shall be considered terminated 12 months after a move from the State.

(g) Unless otherwise provided, awards from the programs authorized in this chapter may be used only at regionally accredited colleges and universities. Under exceptional circumstances in the case of a person who will attend a program of graduate study, the Office may, in its discretion, grant a temporary waiver to the requirement of accreditation by one of the regional accrediting associations where the institution is in the process of becoming accredited or where other comparable evidence of academic quality is provided.

(h) Unless otherwise provided, awards from the programs authorized in this chapter are intended for full-time study. The Office may, however, in its discretion, make prorated awards to recipients enrolled less than full-time in specific programs.

(i) By applying to the programs authorized in this chapter, an applicant agrees to release that applicant’s own academic and financial aid records to the Office.

(j) Disbursement of scholarship funds shall be made only to institutions, not to individual recipients, upon receipt of institutional verification that the student’s academic, financial and enrollment status meet program requirements.

(k) If, at the end of the drop/add period for a term, a recipient has withdrawn from school or otherwise does not qualify for full payment, the following refund policy shall apply:

(1) A student who will not be charged tuition or will receive a full refund of tuition paid is not entitled to receive any portion of the award and the full amount shall be refunded to the Office;

(2) A student who will be charged full tuition shall receive the full amount of the award for that term; and

(3) A student who will be charged a percentage of tuition is entitled to that same percentage of the award, and the balance shall be refunded to the Office.

(l) The Office may grant leaves of absence to students under circumstances including but not limited to: severe or prolonged illness; family emergency; religious obligation or to pursue activities directly related to the student’s educational program.

(m) Recipients who are enrolled in cooperative education programs may receive funds only for those terms when they are attending classes, not for terms spent in work experience.

(n) Calculation of high school grade point average shall include unweighted grades in a core curriculum defined by the Office.

(o) Calculation of cumulative grade point average in postsecondary coursework will include grades earned at all postsecondary institutions.

(p) The number and amount of awards shall be determined annually by the Office, except that awards may not exceed the cost of tuition, mandatory fees, room, board, books and other direct educational expenses.

(q) The Office shall annually report to the General Assembly of the State the number of recipients, the institutions attended by the recipients, and the total amount of expenditures made under this chapter.

(r) The Office is authorized to allocate unused funds among the various programs, with prior approval of the Secretary of Education, the Director of the Office of Management and Budget and the Controller General, to meet state priorities, achieve program objectives, and respond to student demand.

(s) Unused funds appropriated for these programs in any fiscal year shall be carried forward to the next fiscal year.

(t) The General Assembly shall each year in the Budget Act appropriate a sum to be known as Scholarships and Loans for the purpose of carrying out the provisions of this chapter.

§ 3403. [Reserved.]

Subchapter II. Scholarship Incentive Program

§ 3411. Purpose.

It is the intent and purpose of the General Assembly through this subchapter to:

(1) Provide financial aid to Delaware residents with demonstrated financial need so that within the limits of the fiscal capabilities of the State they shall not be denied an opportunity for a college education because of financial need;

(2) Provide a financial incentive for higher academic achievement for students who qualify to receive such scholarships; and

(3) Encourage qualified Delaware students to pursue courses of graduate and professional education when such courses are unavailable in state-supported institutions and when such pursuit is deemed in the best interest of the State.

§ 3412. Administration.

(a) The Office shall receive and administer federal funds under the Leveraging Educational Assistance Partnership (LEAP) and Special Leveraging Educational Assistance Partnership (SLEAP) [20 U.S.C. § 1070c], state funds appropriated from the General Fund, and private sources for the purposes set forth in this subchapter.

(b) The Office may apply for and receive such funds as may be available to the State from any agency of the federal government or private sources as grants for student financial assistance programs at the postsecondary level.

§ 3413. Scholarships.

The Office is hereby authorized to award scholarships from the Scholarship Incentive Program (ScIP) subject to the limits of its appropriations and the following limitations:

(1) Scholarships shall be awarded only to persons who will enroll as full-time students in degree programs.

(2) No student may receive more than 5 annual scholarships for either undergraduate or graduate study.

(3) Scholarships shall be used only at educational institutions:

a. In Delaware for undergraduate study;

b. In states that have established scholarship reciprocity agreements with the State and the Office for undergraduate study; or

c. For undergraduate or graduate study in degree programs that are not offered by a publicly assisted institution in Delaware.

(4) Scholarships shall be awarded on the basis of financial need and academic merit. Financial need shall be determined by a federally approved need analysis system. The financial need calculation shall consider the student’s expected family contribution, the expense of attending the institution selected, and the student’s eligibility for Pell grants and other federal, state or private grant assistance.

(5) Students must reapply for the scholarships annually, and must continue to meet all qualifications of the program.

Subchapter III. Professional Incentive Programs

§ 3416. Purpose.

It is the intent and purpose of the General Assembly through this subchapter to enable and encourage academically talented Delawareans to pursue careers in specific fields identified as areas of need and to encourage students to practice their profession in Delaware.

§ 3417. Awards.

(a) Awards shall be made based on academic merit using criteria established by the Office.

(b) For the purpose of this section, an award is a loan the repayment of which is forgiven when the borrower is employed in the specified profession required in each program for the specified period of time in accordance with the conditions specified in this section.

(c) Renewal of awards shall be limited to the number of years that constitute the standard full-time completion rate. To be eligible for renewal of an award, the recipient must meet the academic progress standards set by the Office and communicated in writing to the recipient at the time the initial award is granted.

(d) The Office may establish and modify interest rates to achieve purposes of the program, but in no case shall the interest rate be less than that charged to students in the Federal Family Education Loan Program (FFELP) or its successor.

(e) The interest rate charged to a recipient for his or her initial award shall be constant for subsequent awards for study toward the same degree or certification.

§ 3418. Repayment and forgiveness.

(a) The Office shall determine payment amounts, length of repayment period, and the rate and type of interest to accrue on awards, within the limitations specified in this chapter.

(b) The Office shall communicate the terms of repayment and interest accrual to the recipient and secure a promissory note from the recipient attesting to the recipient’s agreement to such terms at the time the award is made.

(c) Repayment or forgiveness will commence following completion of the program of study and a grace period not to exceed 12 months, or immediately after the student discontinues full-time enrollment or discontinues the specified program of study.

(d) If after 12 months following graduation the recipient is engaged in qualifying employment, no repayment of award principal or interest will be required. The recipient’s awards will be forgiven in accordance with the service repayment ratios specified in this chapter and in the order in which they were made.

(e) If during the period of service repayment, the recipient terminates qualifying employment, the recipient will be required to commence repayment of the awards or portions thereof which have not been forgiven at the time qualifying employment was terminated.

(f) If after 12 months following graduation the recipient is not engaged in qualifying employment, the recipient shall be obligated to make monthly payments until the amount of the award and interest on the award from the date of disbursement is paid in full.

(g) If during the period of cash repayment the recipient begins qualifying employment, payments will be deferred and the service repayment ratio specified in this chapter will be applied. Under no circumstances will payments already made by the recipient be reimbursed as a result of obtaining qualifying employment.

(h) The Office may, in its discretion, grant deferments from repayment in cases of economic hardship, inability to secure qualifying employment, severe or prolonged illness, or other circumstances that can be documented to the satisfaction of the Office. Such deferments will be limited to periods not to exceed 1 year and only 1 deferment may be granted. The length and terms of a deferment shall be communicated in writing to the recipient.

(i) The Office may grant a deferment of repayment obligations of up to 1 year to students who have a compelling reason to interrupt coursework temporarily. Students must submit a written request for deferment and provide such documentation as the Office deems necessary. Interest on the loan will continue to accrue during deferment periods.

(j) A recipient’s repayment obligation may be forgiven if the Office determines that the recipient is unable to meet repayment obligations because of permanent disability or death. The Office may require such documentation as it deems necessary to verify claims or disability or death, including but not limited to a sworn affidavit from a qualified physician or a death certificate.

§ 3419. Christa McAuliffe scholarship loans.

(a) Purpose. — It is the intent and purpose of this program to encourage academically talented Delawareans to pursue teaching careers in Delaware public schools.

(b) Awards. — (1) Except where there are no equivalent programs of study offered in-state, awards shall be provided for study at Delaware institutions in undergraduate education or programs leading to teacher certification.

(2) Awards may be prorated for students who will be enrolled less than full-time in a qualifying program.

(3) Awards may be renewed to a maximum of the equivalent of 4 full-time awards.

(c) Repayment and forgiveness. — (1) For purposes of this program, qualifying employment is employment as a teacher in a Delaware public school, whether as an employee of the State, the Department of Education, a school district or an individual school, or as an employee of a private organization providing educational services to Delaware school children under a contract with the State, the Department of Education, a school district or an individual school.

(2) Awards will be forgiven at a rate of 1 year of qualifying employment for 1 year of loan.

§ 3420. Critical need scholarships [Transferred].

Transferred by 77 Del. Laws, c. 431, § 10, effective July 23, 2010, to § 3461 of this title.

§ 3421. Delaware Nursing Incentive Program.

(a) Purpose. — It is the intent and purpose of the General Assembly through this subchapter to enable and encourage academically talented Delawareans to pursue nursing careers at state-operated hospitals or nonprofit hospitals located in this State.

(b) Awards. — (1) Awards shall be provided for undergraduate education at regionally accredited institutions of higher education or accredited hospital schools of nursing for the following objectives:

a. A course of study leading to a Bachelor of Science in Nursing degree, if the award recipient is a registered nurse with an aggregate of 5 years or more employment with the State or with nonprofit hospitals located in this State;

b. For all other recipients, a course of study leading to certification as a registered nurse or practical nurse.

(2) Notwithstanding any other provision of this chapter, awards may be made available, on a prorated basis, to employees of the State who are enrolled as part-time nursing students.

(3) The Delaware residence requirement shall not apply to any employee of the State who is enrolled as a part-time nursing student and who has 5 or more years of state service.

(c) Repayment and forgiveness. — (1) For the purposes of this program, qualifying employment shall be employment as a licensed practical nurse or a registered nurse at a state-owned hospital or clinic or a nonprofit hospital located in this State.

(2) Loans will be forgiven at the rate of 1 year of employment for 1 year of loan.

§ 3422. Speech/language pathologist incentive loan.

(a) Purpose. — It is the intent and purpose of this program to encourage individuals to pursue careers in speech language pathology in Delaware public schools and in the Part C, Birth to Three Early Intervention System programs.

(b) Eligibility. — Awards shall be provided for graduate education in a Delaware school that is accredited, or is a candidate for accreditation, by the Council on Academic Accreditation in Audiology and Speech-Language Pathology (CAA) of the American Speech-Language-Hearing Association, that will satisfy the educational requirements for Delaware state licensure as a speech/language pathologist.

(c) Repayment and forgiveness. — (1) For purposes of this program, qualifying employment shall be employment as a licensed speech pathologist either in a Delaware public school or by a provider for programs serving infants and toddlers under Part C, Birth to Three Early Intervention System and their contractors.

(2) Loans will be forgiven at the rate of 1 year of employment for 1 year of loan.

(d) Exceptions. — Additional scholarship awards may be provided to the first graduates of the University of Delaware’s speech/language pathology program who graduated in 2018 and are currently teaching in Delaware schools.

§ 3423. Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program.

(a) Purpose. — It is the intent and purpose of this Program to enable and encourage academically talented Delawareans to pursue careers as librarians and archivists in Delaware.

(b) Awards. — (1) Awards shall be provided for graduate education in master’s degree programs of library and information studies that are accredited by the American Library Association. Preference shall be given to persons currently employed by a Delaware public library, county department of libraries, public school library or state agency library, a member library of the Delaware Library Consortium, or archive.

(2) Awards may also be provided for a course of study leading to a bachelor’s degree prior to the master’s degree and/or a doctoral degree following the master’s degree. Awards shall be limited to persons who have been employed at a Delaware public library, county department of libraries, public school library, a member library of the Delaware Library Consortium, or state agency library or archive for a minimum of 2 years.

(3) Selection criteria may include consideration of community service, academic achievement and financial need.

(c) Repayment and forgiveness. — (1) For purposes of this program, qualifying employment shall be employment as a librarian or archivist in a public library, public school library, a member library of the Delaware Library Consortium, state agency or political subdivision in Delaware.

(2) Loans will be forgiven at the rate of 1 year of employment for 1 year of loan for bachelor’s degree students, and 2 years of employment for 1 year of loan for master’s and doctoral degree students.

§ 3424. Optometry scholarship loan.

(a) Purpose. — It is the intent of this program to encourage academically talented students to pursue careers as optometrists in Delaware. This program replaces the Optometric Institutional Aid Program, but does not change or limit the terms of contracts made to individuals under the provisions of the Optometric Institutional Aid Program.

(b) Awards. — (1) Awards shall be made to baccalaureate-degree holders who will enroll as full-time students in programs that prepare students for licensure as optometrists in Delaware.

(2) The Office may limit attendance to one or more designated institutions, or may allow loans to be used at any qualifying college of optometry.

(c) Repayment and forgiveness. — (1) For purposes of this program, qualifying employment shall be the practice of optometry in the State.

(2) Loans will be forgiven at a rate of 1 year of employment for 1 year of loan.

§ 3430. [Reserved.]

Subchapter IV. Merit-Based Scholarship Programs

§ 3435. Diamond State Scholarship.

(a) Purpose. — It is the purpose of this program to award merit-based scholarships to Delaware students who have demonstrated academic excellence. The program is intended to serve as both an incentive and a reward for serious academic achievement.

(b) Awards. — (1) High school seniors who plan to enroll as full-time students at a degree-granting college during the academic year immediately following high school graduation and who meet application requirements established by the Office are eligible to apply.

(2) Application requirements shall be established by the Office and may include grades, standardized test scores, participation in extra-curricular activities, essay questions and other indicators of achievement.

(3) Awards may be renewed for a total of 4 years of undergraduate study, provided the recipient meets renewal requirements established by the Office and communicated in writing at the time of the original award.

(4) If a student fails to meet the renewal requirements, eligibility for the scholarship is terminated. Attainment of qualifying grades in subsequent years will not qualify the student for reinstatement to the program.

(5) Scholarships are provided for the purpose of meeting direct and indirect costs of higher education. Where such education costs are nonexistent or reduced, as in the case of U.S. military academies, the Office may designate a particular student as a Diamond State Scholar without monetary award or may reduce the value of the scholarship.

Subchapter V. Memorial Scholarships

§ 3440. Purpose.

It is the intent and purpose of the General Assembly through this subchapter to provide scholarships to deserving Delawareans in memory of elected officials and other distinguished citizens who served the State with distinction and for whom recognition through an education endowment is a fitting memorial. To this end, the General Assembly hereby establishes the Memorial Scholarship Fund.

§ 3441. Awards.

(a) Scholarships shall be awarded to students who will enroll as first-time, full-time students in the academic year following award of the scholarship.

(b) Scholarships shall be awarded in an amount sufficient to meet the costs of tuition, required fees, room, board and books at the institution specified.

(c) Selection of scholarship recipients shall be based on criteria established by the Office that shall include the qualities of academic achievement, community service, participation in extracurricular activities and promise of academic success in college.

(d) Where several students are judged to be equally qualified for the scholarships, financial need may be considered in making scholarship awards.

(e) Awards shall be renewable within the limits of appropriations for the program, to a maximum of 4 awards, provided the student meets the academic progress standards set by the Office and communicated in writing to the recipient at the time the initial award is granted.

§ 3442. B. Bradford Barnes Memorial Scholarship.

Awards:

(1) One scholarship shall be awarded each year to a graduating high school senior who will enter the University of Delaware.

(2) The Office shall award scholarships only to students who have accepted an admissions offer from the University of Delaware by a deadline date established by agreement between the University of Delaware and the Office.

§ 3443. Herman M. Holloway, Sr. Memorial Scholarship.

Awards:

(1) One scholarship shall be awarded each year to a student who will enter Delaware State University.

(2) The Office shall award scholarships only to students who have accepted an admissions offer from Delaware State University by a deadline date established by agreement between Delaware State University and the Office.

§ 3444. Charles L. “Chuck” Hebner Memorial Scholarship.

Awards:

(1) Each year, 1 scholarship shall be awarded to a qualifying student at the University of Delaware, and 1 scholarship shall be awarded to a qualifying student at Delaware State University.

(2) Scholarships will be awarded to students who will major in humanities or social sciences.

(3) Priority will be given to students who will major in political science.

(4) The Office shall award scholarships only to students who have accepted an admissions offer from the University of Delaware or Delaware State University by a deadline date established by agreement between the Office and each University respectively.

§ 3445. Ivyane D.F. Davis Memorial Scholarship Fund.

(a) Purpose. — It is the intent and purpose of the General Assembly through this section to provide scholarships in memory of Ivyane D.F. Davis, who died February 7, 1989, to deserving Delaware residents who have been placed under foster care in Delaware, and to this end there hereby is established the Ivyane D.F. Davis Memorial Scholarship Fund.

(b) Administration. — (1) Notwithstanding any other provision to the contrary, this scholarship fund shall be administered by the Child Protection Accountability Committee.

(2) The Board shall adopt such rules and regulations as it deems necessary and proper to administer the provisions of this scholarship fund.

(3) The Board shall annually report to the General Assembly of the State the number of recipients of scholarships, the institutions attended by said recipients, the total of expenditures made under this scholarship fund, and such other information as it deems useful for members of the General Assembly.

(c) Eligibility. — Scholarships awarded under this scholarship fund shall be available to applicants who have been residents of Delaware for at least 1 year immediately preceding the application and who were at any time under foster care in Delaware, and who have been accepted at or who are attending an institution of higher learning or trade school.

(d) Scholarship awards. — (1) The Board shall award up to 50 Ivyane D.F. Davis Memorial Scholarships annually, subject to General Assembly appropriations and private donations to and interest earned on proceeds of the scholarship fund created herein.

(2) Scholarship awards shall not exceed the amount set by the Board.

(3) Scholarships may be renewed upon application by recipients on an annual basis if the Board is satisfied that the recipient is making satisfactory academic or vocational progress.

(4) Selection of scholarship recipients shall be based on such criteria, established by the Board, as academic achievement, community service, participation in extracurricular activities and promise of success in the institution of higher learning or vocational courses selected by applicants.

(5) In cases where more than 1 applicant are judged to be equally qualified for scholarships, financial need shall be considered in establishing priorities for the award of available scholarships.

Funds disbursed under this scholarship fund shall be disbursed on an annual or semiannual basis and shall be disbursed to the institution or school which a recipient attends, not directly to the student.

(e) Creation of Ivyane D.F. Davis Memorial Scholarship Fund. — (1) The Ivyane D.F. Davis Memorial Scholarship Fund is hereby created.

(2) The Board is authorized to accept donations from private individuals and organizations for deposit in the Fund.

(3) A portion of the Fund, not to exceed one-half of the Fund’s principle and interest, may be used to assist the Division of Family Services in obtaining Chafee Educational and Training Vouchers funding; provided, that the Board is authorized, by regulation, contract, or memorandum of understanding with the Division of Family Services, to administer the funding obtained; and further provided, that the portion of the Fund used to obtain the funding is utilized in accordance with the purpose and intent of this section.

(4) Except as provided in the preceding subsection, all appropriations from the General Assembly to the Fund shall be used solely for the award of scholarships as provided under this section.

§ 3446. Michael C. Ferguson Achievement Awards [Transferred].

Transferred by 77 Del. Laws, c. 431, § 9, effective July 23, 2010, to § 3460 of this title.

Subchapter VI. Educational Benefits for Children of Deceased Veterans and Others

§ 3451. Statement of purpose.

It is the purpose of this subchapter to provide educational benefits for the children of deceased veterans of the military services of the United States, military service personnel held prisoner of war, military service personnel officially declared to be missing in action, employees of the Department of Transportation as defined in § 3452(a)(1)e. of this title, and state police officers killed in the line of duty.

§ 3452. Requirements to receive benefits.

(a) In order to qualify for the benefits of this subchapter, an applicant shall be:

(1) The child of:

a. A member of the armed forces who was killed while on active duty or who died from disease, wounds, injuries or disabilities arising or resulting from performance of duty;

b. A member of the armed forces who is being held or who was held as a prisoner of war;

c. A member of the armed forces officially declared missing in action; or

d. A state police officer who was killed in the line of duty or who died from disease, wounds or disabilities arising or resulting from pursuit of the officer’s official duties;

e. An employee of the Department of Transportation routinely employed in job-related activities upon the state highway system, such as toll operators, construction inspectors, equipment operators, bridge inspectors and maintenance staff, and survey crews, who was killed in the line of duty or who died from disease, wounds, or disabilities arising or resulting from pursuit of the employee’s official duties.

(2) A person who at the time of application for benefits is at least 16 years of age, but not more than 24 years of age, and who shall have been a resident of the State for at least 3 years prior to the date of application; and

(3) Attending or admitted for attendance at an educational institution beyond the high school level in a program not to exceed 4 years in duration.

(b) No child of a member of the armed forces shall receive educational benefits in accordance with this subchapter unless such child qualifies under subsection (a) of this section, and:

(1) A parent of such child is a resident of the State and is or was missing in action or held as a prisoner of war; or

(2) A parent of such child was a resident of the State at the time such parent was killed or later died from disease, wounds, injuries or disabilities arising or resulting from performance of duty.

§ 3453. Vested rights.

Any person found to be qualified for the benefits of this subchapter as the child of a deceased or missing veteran shall not be divested of the benefits upon the return of the veteran who was a prisoner of war, missing in action or mistakenly listed as deceased.

§ 3454. Eligible institutions.

Benefits authorized in this subchapter may be utilized for attendance at:

(1) An institution financially supported by the State;

(2) If the desired major or training is not available in such an institution, then at a private institution in Delaware;

(3) If there is no institution in Delaware offering such major or training, at a public or private institution in another state; or

(4) If an eligible student chooses to attend an institution out of the sequence described herein, the value of the benefit will be reduced as described in this subchapter.

§ 3455. Extent of benefit.

(a) The per student benefits granted under this subchapter may not exceed the amount of tuition and fees per academic year.

(b) Benefits shall be limited to 4 years of training or education.

(c) If the student attends an institution according to the priority sequence outlined above, the benefit shall be equal to the amount of tuition and fees. If the student chooses to attend a Delaware private institution when that student’s major is offered at a Delaware public institution, or if the student chooses to attend an out-of-state institution when that student’s major is offered at a Delaware public institution and/or a Delaware private institution, the amount of the benefit shall be equal to the tuition and fees of:

(1) The average tuition and fees of the Delaware public institutions which offer the major; or

(2) The average tuition and fees of the Delaware private institutions which offer the major, if it is not offered at a Delaware public institution.

§ 3456. [Reserved.]

Subchapter VII. Other Financial Assistance Programs

§ 3460. Michael C. Ferguson Achievement Awards.

Michael C. Ferguson Achievement Awards shall be administered pursuant to rules and regulations adopted by the Department of Education as set forth in the provisions of § 153(c) of this title.

§ 3461. Critical need reimbursement program.

(a) Purpose. — It is the purpose of this program to reduce the number of Delaware public school teachers who do not hold Standard Certification in their area of instruction by enabling and encouraging those teachers to pursue education that will enable them to become fully certified.

(b) Eligibility. — (1) Eligible applicants are Delaware school districts and charter schools.

(2) Eligible teachers meet all of the following criteria:

a. Are full-time employees of a Delaware school district or a charter school.

b. Teach on a temporary, emergency, or limited standard certificate, or a certification of eligibility.

c. Teach in critical need areas as defined by the Department of Education.

(3) Awards will be made on behalf of specific teachers, or if demand exceeds available funding, then allocated among the districts and charter schools on a prorated share of the applicant pool.

(4) Districts and charter schools are authorized to reimburse teachers for all or part of tuition and fees paid for coursework that will enable them to achieve standard certification upon receipt of evidence that the teacher has successfully completed coursework with a grade equivalent of a 2.0 or higher on a 4.0 scale.

(c) Benefit. — Districts and charter schools will receive funding to reimburse eligible teachers (those not certified in the critical need area in which they teach) only for tuition and fees for up to 3 credits per term during the regular academic year. Recipients may attend any accredited college, but reimbursement is not to exceed the cost of 3 credits and fees at the highest-cost Delaware public college.

(d) Awards. — (1) If funding permits, districts and charter schools will receive funding sufficient to allow each eligible teacher for whom a request is made to receive full tuition and fee reimbursement, pursuant to the provisions of subsection (c) of this section, for up to 3 credits in each fall and spring semester. Districts and charter schools must verify course completion with a grade equivalent of a 2.0 or higher on a 4.0 scale before reimbursing tuition.

(2) If funding requests exceed the program’s appropriation, districts and charter schools will be awarded funds in a prorated share of the applicant pool.

§ 3462. Fund [Repealed].

Repealed by 77 Del. Laws, c. 431, § 8, effective July 23, 2010.

§ 3463. Use of Fund [Repealed].

Repealed by 77 Del. Laws, c. 431, § 8, effective July 23, 2010.

§ 3464. Allocation of Fund [Repealed].

Repealed by 77 Del. Laws, c. 431, § 8, effective July 23, 2010.

§ 3465. Eligible organizations [Repealed].

Repealed by 77 Del. Laws, c. 431, § 8, effective July 23, 2010.

Subchapter VIII. Legislative Essay Scholarship

§ 3470. Purpose.

The purpose of the Legislative Essay Scholarship is to encourage high school students to learn about and appreciate the foundations of American government, and to demonstrate this understanding and writing skill through an annual essay contest.

§ 3471. Eligibility.

Eligible students are 12th graders who are enrolled in a public, private or charter school or a home school program.

§ 3472. Essays.

(a) Essays must be original and between 500 and 2,000 words in length.

(b) The topic shall be chosen each year by a committee that consists of 1 member of the Delaware Higher Education Office designated by the Director of the Office, 1 member designated by the president of the Delaware Society Sons of the American Revolution, and 1 member designated by the regent of the Delaware State Society Daughters of the American Revolution.

(c) The topic of the essay must relate to:

(1) Events, persons, philosophies, technologies, governments or ideals in American history;

(2) The approximate 90-year period from 1770 to 1860, including events leading up to the American Revolutionary War, but excluding the Civil War; and

(3) A positive approach to the overall theme of “Building the Foundations of the Modern United States of America.”

§ 3473. Awards.

(a) One $1,000 nonrenewable scholarship shall be awarded to a twelfth grade student-resident from each senatorial and representative district in the State whose essay meets the standards established by the Office.

(b) Three statewide awards shall be made to the writers of the top 3 senatorial or representative district scholarship winners. These nonrenewable scholarships will be in the amounts of $10,000, $7,500 and $5,000.

§ 3474. [Reserved.]

Subchapter IX. Education Endowment Fund

§ 3475. Purpose.

From time to time individuals, corporations and businesses desire to assist Delaware students in pursuing higher education by establishing or contributing to scholarship funds. This endowment fund is established to encourage and focus such giving.

§ 3476. Fund.

The Office may receive, hold, invest, reinvest and use funds in the form of grants or gifts from private corporations, trusts, individuals, organizations, groups and other sources to support Delaware residents in postsecondary education programs.

(1) To qualify as tax deductible donations, contributions to the Fund must be made without restriction or precondition.

(2) The Office shall ensure that contributors of qualifying donations receive such documentation as may be necessary to support tax deduction of gifts to the Fund.

(3) The Office may establish such rules and regulations as it deems necessary for administration of this subchapter.

(4) The Office shall hold the Fund in an interest-bearing account, or may invest and reinvest funds to advance the purposes of this subchapter.

(5) Awards from the Fund must be based on student financial need, but may include other criteria as may be established by the Office.

Subchapter X. Higher Education for Senior Citizens

§ 3478. Fees.

The Boards of Trustees of the University of Delaware, Delaware State University, and Delaware Technical and Community College are hereby authorized and directed to establish, by not later than the fall quarter of 1986, a program whereby citizens of this State who are 60 years of age or older, and who are formal degree candidates, may attend classes for credit or audit without payment of application, course registration or other related fees. Persons enrolled in such program shall be required to pay the cost of all books, supplies, laboratory fees and shop fees.

§ 3479. Limitations.

The privilege authorized by this subchapter may be granted only on a space available basis if such classes are not filled as of the close of registration. The institutions listed in this subchapter may limit or deny the privilege for courses which are in programs for which a selective admissions criteria has been established.

Subchapter XI. Delaware National Guard Educational Benefits

§ 3480. Education benefits.

(a) Any active member of a federally recognized unit of the Delaware National Guard who meets the requirements for satisfactory membership as defined by the Adjutant General of the Delaware National Guard shall be eligible for funding support by the Delaware National Guard for certain postsecondary education tuition and fees under the following conditions:

(1) The member must first apply for and utilize all other reasonably available tuition assistance programs, including scholarships, grants and civilian employer education benefit programs.

(2) The member must make application to the Adjutant General for tuition and fee assistance in advance of a class or course of instruction according to a schedule announced by the Adjutant General.

(3) Education benefits authorized by this section may be used only for attendance at a postsecondary educational institution either financially supported by the State or, if private, located in the State. If a member chooses to attend a State-supported institution, tuition and fees shall be reimbursed for the full amount expended, not to exceed the in-state resident rate. If a member chooses to attend a Delaware private institution, the amount of the benefit shall be equal to the average tuition and fees of the Delaware postsecondary institutions which offer the class or course of instruction, based on the in-state resident rate. State-supported institutions shall charge members the in-state rate for tuition and fees and treat members as an in-state applicant or student regardless of the members’ state of residence.

(4) Each class or course of instruction taken by a member must be one that is required by the institution for the award of a specific certificate or of a specific associate’s degree, bachelor’s degree or master’s degree.

(5) The per-member benefits granted under this section shall be limited to only 1 certificate or degree program at each level of study, namely, a certificate program, an associate’s degree, bachelor’s degree or master’s degree.

(6) A member may be enrolled in a certificate or degree program full-time or part-time.

(7) A member may not receive education benefits pursuant to this section more than 15 years after the date on which the member begins the first course for which funds are granted. However, in the event that a member is called to active duty or to an activation that requires the member to discontinue that member’s education benefits the 15-year limit may be extended by the amount of time the member serves on that active duty or activation.

(8) This tuition and fee assistance program will be subject to the limits of the total funding appropriated by the General Assembly and approved by the Governor for that purpose.

(b) In order to receive funds for tuition and fees for a postsecondary class or course of instruction authorized by this section, a member must:

(1) Agree to serve in a satisfactory manner for a period of not less than 6 years in the Delaware National Guard. The 6-year requirement may include service time before, during and after the member receives funding for education benefits pursuant to this section;

(2) Earn a grade no lower than a 2.0 on a 4.0 scale, or its equivalent, for each individual course for which tuition and fee assistance is granted. In any course for which a specific grade is not issued, the member must show documentation to verify satisfactory completion. Failure to maintain a cumulative grade point average of 2.0 or higher will be cause for forfeit of funding for all courses taken for the semester or period in which the grade point average remains below the 2.0 level; and

(3) Submit to the Adjutant General within 45 days after completing a course proof of:

a. The course title and grade received;

b. The amount of tuition and fees paid for the course;

c. The name of the postsecondary institution where the course was taken; and

d. Evidence of the member’s cumulative grade point average for courses taken to date.

(c) The Adjutant General shall appoint a board to adopt rules and regulations and to provide forms as deemed necessary and proper for the efficient administration of this section.

(d) Upon approval by the Adjutant General, and subject to the availability of appropriated funds, tuition and fee assistance shall be provided by the Delaware National Guard to the member from funds appropriated to the National Guard in the annual Budget Appropriations Act or in amendments thereto for that purpose. If funding is not appropriated to fully support the program, master’s degree reimbursement will be reduced prior to any reductions to members applying for funds to obtain an associate’s degree or bachelor’s degree.

(e) A member who has received funding pursuant to this section but who does not fulfill the service commitment required by paragraph (b)(1) of this section, or who is terminated from the National Guard for cause, or who otherwise fails to comply with any requirement of this section shall immediately become ineligible to receive education benefits pursuant to this section and shall repay the Delaware National Guard for all tuition and fee funding previously extended to the member, including interest, on a pro rata basis from the time of termination or noncompliance. The Adjutant General shall determine the amount of repayment due by the member pursuant to this subsection.

(f) If membership in the National Guard is terminated for other than cause, the member will not be required to repay previously funded tuition and fees.

(g) A member shall not receive funding for any tuition or fees not applied for prior to termination for any reason of membership in the National Guard.

(h) The Adjutant General shall report annually to the General Assembly:

(1) The number of members who participated at each Delaware postsecondary school during the year;

(2) The total amount of tuition and fee expenditures made pursuant to this section during the year;

(3) The total amount required to be repaid to the National Guard by defaulting members during the year; and

(4) The total amount of moneys actually repaid by defaulting members during the year.

§ 3481. [Reserved.]

Subchapter XII. Delaware College Investment Plan

§ 3483. Purpose.

It is the intent and purpose of the General Assembly through this subchapter to establish the Delaware College Investment Plan pursuant to 26 U.S.C. § 529 or successor section and to charge the Plans Management Board to implement and maintain the Plan through the adoption of rules and regulations for the administration of the Plan.

§ 3484. Administration; authority.

This subchapter shall be administered by the Plans Management Board pursuant to § 2722 of Title 29.

§ 3485. Definitions.

As used in this subchapter:

(1) “Account” means an individual account, a trust account or a savings account established in accordance with this subchapter.

(2) “Account owner” means the individual, individuals, or the trustee of a trust identified at the time the account is opened as having the right to withdraw funds from the account.

(3) “Board” means the Plans Management Board pursuant to § 2722 of Title 29.

(4) “Designated beneficiary” means, except as provided in § 3490 of this title, the individual designated at the time the account is opened as having the right to receive a qualified withdrawal for the payment of qualified higher education expenses or, if such designated beneficiary is replaced in accordance with § 3490 of this title, such replacement.

(5) “Financial institution” means a bank, a commercial bank, a national bank, a savings bank, a savings and loan, a thrift institution, a credit union, an insurance company, a trust company, a mutual fund, an investment firm or other similar entity authorized to do business in this State.

(6) “Higher education institution” means an eligible education institution as defined in 26 U.S.C. § 135(c)(3).

(7) “Member of the family” shall have the same meaning as contained in 26 U.S.C. § 529(e) or successor section.

(8) “Nonqualified withdrawal” means a withdrawal from an account that is not:

a. A qualified withdrawal;

b. A withdrawal made as the result of the death or disability of the designated beneficiary;

c. A withdrawal made as the result of a scholarship (or allowance or payment described in 26 U.S.C. § 135(d)(1)(B) or (C)) received by the designated beneficiary, but only to the extent of the amount of such scholarship, allowance or payment; or

d. A rollover or change in the designated beneficiary described in § 3490 of this title.

(9) “Plan” means the Delaware College Investment Plan established by this subchapter.

(10) “Qualified higher education expenses” means tuition and other permitted expenses as presently set forth in 26 U.S.C. § 529(e) or as hereafter permitted by such successor or amended section for the enrollment or attendance of a designated beneficiary at a higher education institution.

(11) “Qualified withdrawal” means a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary, but only if the withdrawal is made in accordance with the requirements of the Plan.

(12) “Trust” means a trust which is revocable or irrevocable and which has at least 1 individual as its current beneficiary.

§ 3486. Powers of the Board [Repealed].

§ 3487. The Program.

(a) An account owner may establish an account by making an initial contribution to the Plan in the name of the designated beneficiary. Once a contribution is made it becomes part of the Plan and subject to this subchapter.

(b) Any person may make a contribution to an account once an account is opened. If the account owner is a trust, the trustee must consent to the contribution.

(c) Contributions to an account shall be made only in cash.

(d) Total contributions to all accounts shall not exceed those reasonably necessary, considering the return on contributions and the age and circumstances of the designated beneficiary, to provide for the qualified higher education expenses of the beneficiary. The Board shall establish maximum contribution limits applicable to Plan accounts and shall require such information from the account owner and the designated beneficiary to establish the limit as it relates to such account.

(e) Separate records and accounting shall be required by the Plan for each account and reports shall be made no less frequently than annually to the account owner and the designated beneficiary.

(f) In the case of an account owner which is a trust, the Board shall require such information from the account owner as is necessary to establish compliance with the Plan.

§ 3488. Investment direction [Repealed].

§ 3489. Prohibitions.

(a) No account nor any interest in an account shall be assignable or pledged or otherwise used to secure or obtain a loan or other advancement.

(b) No refund of a qualified educational expense payment may be paid by a higher education institution directly to the designated beneficiary or to the account owner. Any refund of qualified tuition expenses owed by a higher education institution on account of an overpayment of educational expenses must be refunded to the Plan for credit to the designated beneficiary’s account.

(c) A qualified withdrawal that is used to pay for qualified education expenses must be paid jointly to the designated beneficiary and the higher education institution or directly to the higher education institution. A payment of qualified education expenses may not be made directly to the beneficiary.

(d) Total contributions to all accounts established on behalf of a particular beneficiary in excess of those reasonably necessary to meet the designated beneficiary’s qualified higher education expenses are prohibited.

(e) Except as permitted in 26 U.S.C. § 529 and regulations thereunder, no person shall have the right to direct the investment of any contributions to or earnings from the Plan.

§ 3490. Designated beneficiary.

(a) An account owner shall have the right at any time to change the designated beneficiary of an account to another individual who is a member of the family of the former designated beneficiary, and, in the case of an account owner which is a trust, to another person who is also a beneficiary of the trust.

(b) An account owner shall have the right at any time to direct that all or a portion of an account be transferred to the account of another beneficiary if the designated beneficiaries are members of the same family, and, in the case of an account owner which is a trust, to the account of another beneficiary if the designated beneficiary is also a beneficiary of the trust.

(c) The right to change the designated beneficiary or to transfer between accounts contained in subsections (a) and (b) of this section may be denied if, under regulations adopted by the Board, the exercise of the right would result in either excess contributions to an account or the exercise of impermissible investment direction by the account owner.

§ 3491. Account withdrawals; penalties.

(a) Withdrawal from an account may be made on 30 days’ written notice to the Board or on such shorter notice as the Board may by regulation provide. A withdrawal shall be designated as a qualified withdrawal or a nonqualified withdrawal and the application shall provide such information and be made on such forms as the Board shall find are necessary to enable the Board to determine the nature of the withdrawal.

(b) An account withdrawal paid to or for the benefit of any person during any calendar year shall be reported to the person and the Internal Revenue Service. The report shall be made at the time and contain such information as required by law.

(c) The Board shall establish a more than de minimis penalty, at the minimum amount necessary to satisfy the requirements of § 529 of Title 26 of the United States Code [26 U.S.C. § 529] or successor section for a nonqualified withdrawal on the portion of the withdrawal that constitutes income under § 529 of Title 26 of the United States Code [26 U.S.C. § 529] or successor section.

(d) Penalties collected under this section may be used to defray the costs of the Plan.

Subchapter XIII. Participation in National and Regional Higher Education Organizations

§ 3495. Southern Regional Education Board.

The Governor is authorized to commit the State of Delaware to membership in the Southern Regional Education Board (SREB) and to execute the SREB compact, which the Delaware General Assembly hereby approves.

§ 3496. Purpose; administration; Charles L. “Chuck” Hebner Memorial Scholarship [Repealed].

Repealed by 73 Del. Laws, c. 188, § 4, effective July 17, 2001. For present law, see § 3444 of this title.

Subchapter XIV. The Delaware Student Excellence Equals Degree Act

§ 3401A. Purpose.

There is hereby created the Delaware Student Excellence Equals Degree, hereafter referred to as “SEED”, program. Under this subchapter, qualified, college-bound state resident students are relieved of the burden of paying undergraduate tuition at Delaware Technical and Community College, or the University of Delaware, Associate in Arts Program provided that these students meet the criteria set forth in this subchapter and are pursuing studies leading to an associate degree at Delaware Technical and Community College. Students who qualify under this subchapter shall not have to repay the State because it is the intent and purpose of the General Assembly, through this subchapter, to help ensure that Delaware students stay in high school, excel academically, and have better access to higher education regardless of a family’s financial circumstances and therefore payments under this program shall be grants, not loans.

§ 3402A. Definitions.

The following words, terms and phrases, when used in this subchapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:

(1) “Academic year” shall mean the 3 consecutive academic semesters beginning with the fall semester.

(2) “Family” for a dependent applicant shall mean the applicant, the applicant’s parents or legal guardian, relative caregiver, and other children under the age of 21 of the applicant’s parents, legal guardian or relative caregiver. The term “family” for an independent applicant shall mean the applicant, an applicant’s spouse and any dependent children.

(3) “Full-time” shall mean a minimum of 24 credit hours in each academic year.

(4) “Institution” shall mean Delaware Technical and Community College or the University of Delaware, Associate in Arts Program.

(5) “School activity” shall mean open house, school curriculum night, parent and teacher conference night, holiday program, or other school-related events conducted by a public middle school or high school where parents, community members, and students are encouraged to attend and participate.

§ 3403A. Administration.

(a) This subchapter shall be administered by the institution where the student is enrolled or has sought admission.

(b) Each institution shall adopt such rules and regulations as it deems necessary and proper to the administration of this subchapter. Such rules and regulations may include an appeals process to grant exceptions to the eligibility requirements set forth in § 3404A(a)(6) of this title for applicants who are unable to attend classes in the fall semester immediately after graduation from high school due to military service, participation in a full-time volunteer service program, or a documented medical condition. Admission deferrals of up to 1 calendar year in duration may be offered to those students who defer admission due to military service, participation in a full-time volunteer service program, or a documented medical condition. Upon passage of 1 year, students may appeal for an admission deferral for 1 additional consecutive year.

(c) Each institution shall annually report to the General Assembly of the State the names of its own students enrolled in the SEED program and the total amount of expenditures made under this subchapter. The report must identify which of those students enrolled in the program pursue a bachelor’s degree after completion of an associate degree.

§ 3404A. Eligibility.

(a) To be eligible to participate in the SEED program and to qualify for a grant to pay tuition by the State pursuant to this subchapter for the first semester or other academic unit of post-secondary enrollment at Delaware Technical and Community College or the University of Delaware, Associate in Arts program, a student shall meet all of the following:

(1) A student who satisfies the state residency requirements set forth in the Institution’s residency policy shall be eligible for such grant if that student is enrolled on a full time, degree seeking basis or is a student with a disability seeking a degree through the institution’s academic accommodation policy.

(2) The student shall not have been convicted of any felony and the student’s parent, legal guardian, or relative caregiver shall certify such fact.

(3) A student shall have applied for all appropriate forms of financial aid for which the student is eligible including, but not limited to, the Federal Pell Grant, financial aid programs administered by the Delaware Higher Education Office, and financial aid programs administered by Delaware Technical and Community College, and/or the University of Delaware, and shall have accepted all such financial assistance offered or awarded to the student, except for loans.

(4) A student shall have graduated from a Delaware public or nonpublic high school with a minimum cumulative average of either 80% or higher on a 100 point scale or a grade point average (G.P.A.) of 2.5 or higher on a 4.0 scale as indicated on the student’s official high school transcript. For purposes of this subchapter, a student who does not meet the qualifying criteria may request the institution recalculate the point percentage or G.P.A. based on the student’s official high school transcript and the following conversion table:

For purposes of this conversion chart, the numerical value assigned to a letter grade shall be the lowest value in the numerical scale.

(5) A student shall have satisfied admission standards as determined by Delaware Technical and Community College or the University of Delaware, Associate in Arts program for entering students or as determined by the University of Delaware for the Associates in Arts Program; provided, however, that no student participating in the SEED program shall be admitted into Delaware Technical and Community College by special admission standards.

(6) A student shall be admitted and attend classes at the institution no later than the fall semester immediately after the student’s graduation from high school.

(7) Each institution shall create and implement its own equivalency standards for paragraphs (a)(4) and (6) of this section in establishing eligibility of Delaware home schooled students for grants under the SEED program.

(b) Notwithstanding other provisions in this subchapter, for those individuals who have lived in foster care under the jurisdiction of the Department of Services for Children and Their Families at any point in time between the ages of 16 and 18, whether placed within Delaware or outside Delaware, the provisions of paragraphs (a)(4) and (a)(6) of this section, § 3406A(a)(1), and (c) of this title do not apply. Any individual qualifying under this subsection shall make steady academic progress toward an associate’s degree and shall not be eligible to receive grants if:

(1) The individual does not begin the individual’s higher education before age 25, or

(2) That individual takes longer than 5 years to attain an associate’s degree.

§ 3405A. Grant awards/operations.

Each institution shall establish and implement its own procedures to award grants to eligible students subject to appropriations for such purpose, including, but not limited to, a procedure to determine priority among applicants in the event that the amount of grants requested by eligible applicants exceeds the appropriation, which may include consideration of financial need and academic achievement. Grants shall also be available for the Associates in Arts Program courses taught at Delaware Technical and Community College, and administered jointly with the University of Delaware. Grant awards shall not exceed the available appropriation for each fiscal year. Grant awards shall be disbursed as follows:

Beginning with the 2006-2007 academic year, tuition assistance shall be provided to qualifying applicants in an amount equal to the following:

(1) A grant recipient receiving no other financial assistance specifically designated for tuition and/or other regularly assessed fees with the exception of loans shall receive a grant equal to the full amount of tuition charged by the institution.

(2) A grant recipient receiving other financial assistance specifically designated for tuition and other regularly assessed fees shall receive a grant equal to the difference between the amount of tuition charged by the institution and the amount of the other financial assistance.

(3) If, as a result of applying for federal and state student financial aid, or through other means, it becomes apparent that deliberate fraud was involved in the application process, the institution may reevaluate the recipient’s eligibility for grant assistance, and may withdraw a grant award. Any grant award made as the result of deliberate fraud may be recovered by the State through an action at law.

§ 3406A. Maintaining eligibility.

(a) To maintain continued State payment of tuition once enrolled at Delaware Technical and Community College or the University of Delaware, Associate in Arts program, the student shall meet all of the following:

(1) Make steady academic progress toward an associate degree, earning not less than the minimum number of hours of credit required for full-time standing in each academic year.

(2) Maintain continuous enrollment for not less than 2 semesters in each successive academic year, unless granted an exception for cause by the institution.

(3) Have a cumulative grade point average of at least 2.5 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average. The institution may grant exceptions upon appeal.

(4) The student and family shall certify that the student has not been convicted of any felony.

(b) Grants made by the SEED program shall not be allowed for courses or other post-secondary units repeated or taken in excess of the requirements for completion of an associate degree with the exception of those courses required by the institution for program admission and courses taken pursuant to the Associates in Arts program.

(c) Students are eligible to participate in this program for a period not to exceed 6 continuous semesters, not including the summer semester. A student who completes an associate degree pursuant to this section, maintains the applicable criteria set forth above, and immediately thereafter pursues a bachelor’s degree at either the University of Delaware and/or Delaware Technical Community College shall be eligible for SEED grant moneys toward their junior year and/or pursuing an equivalent number of credits equal to what is otherwise their junior year of higher education.

§ 3407A. Disbursement.

(a) Funds awarded from this program shall be disbursed on a semester by semester basis upon receipt of enrollment verification.

(b) No disbursement on behalf of an individual student, pursuant to this subchapter, shall be greater than the tuition charged by the institution.

§ 3408A. Additional responsibilities.

(a) Each Institution shall develop, promote, and coordinate a public awareness program to inform students and parents of the SEED program.

(b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least 1 SEED program contact person, who shall be either a counselor or teacher, at each high school site in this State. The Department of Education shall also ensure that all printed or electronic communications relating to a school activity include information about the SEED Scholarship Program. Printed and electronic communications shall include, but is not limited to, middle school, high school, or district-wide school activity announcements found in or on printed programs, newsletters, e-newsletters, community newspapers, and websites. For school activities where general announcements are made by any school official, information relating to the SEED Scholarship Program shall also be included in those communications.

Subchapter XV. The Delaware State Inspire Scholarship Act

§ 3409A. Purpose.

There is hereby created the Delaware State Inspire Scholarship Program. Under this subchapter, qualified, college-bound state resident students are relieved of a substantial part of the burden of paying undergraduate tuition at Delaware State University provided that these students meet the criteria set forth in this subchapter and are pursuing studies leading to a bachelor’s degree at Delaware State University. Students who qualify under this subchapter shall not have to repay the State because it is the intent and purpose of the General Assembly, through this subchapter, to help ensure that Delaware students stay in high school, excel academically, and have better access to higher education regardless of a family’s financial circumstances and therefore payments under this program shall be grants, not loans.

§ 3410A. Definitions.

The following words, terms and phrases, when used in this subchapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:

(1) “Academic year” shall mean the 2 consecutive academic semesters beginning with the fall semester.

(2) “Family” for a dependent applicant shall mean the applicant, the applicant’s parents or legal guardian, relative caregiver, and other children under the age of 21 of the applicant’s parents, legal guardian or relative caregiver. The term “family” for an independent applicant shall mean the applicant, an applicant’s spouse and any dependent children.

(3) “Full-time” shall mean a minimum of 24 credit hours in each academic year.

(4) “Institution” shall mean Delaware State University.

(5) “School activity” shall mean open house, school curriculum night, parent and teacher conference night, holiday program, or other school-related events conducted by a public middle school or high school where parents, community members, and students are encouraged to attend and participate.

§ 3411A. Administration.

(a) This subchapter shall be administered by the institution.

(b) The institution shall adopt such rules and regulations as it deems necessary and proper to the administration of this subchapter. Such rules and regulations may include an appeals process to grant exceptions to the eligibility requirements set forth in § 3412A(a)(6) of this title for applicants who are unable to attend classes in the fall semester immediately after graduation from high school due to military service, participation in a full-time volunteer service program, or a documented medical condition. Admission deferrals of up to 1 calendar year in duration may be offered to those students who defer admission due to military service, participation in a full-time volunteer service program, or a documented medical condition. Upon passage of 1 year, students may appeal for an admission deferral for 1 additional consecutive year for the reasons stated above.

(c) The institution shall annually report to the General Assembly of the State the names of its students enrolled in the Inspire Scholarship Program and the total amount of expenditures made under this subchapter.

§ 3412A. Eligibility.

(a) To be eligible to participate in the Inspire Scholarship program and to qualify for a grant towards tuition assistance by the State pursuant to this subchapter students shall meet all of the following:

(1) A student who satisfies the state residency requirements set forth in the institution’s residency policy shall be eligible for such grant if that student is enrolled on a full-time, degree-seeking basis or is a student with a disability seeking a degree through the institution’s academic accommodation policy.

(2) The student shall not have been convicted of any felony and the student’s parent, legal guardian, or relative caregiver shall certify such fact.

(3) A student shall have applied for all appropriate forms of financial aid for which the student is eligible including, but not limited to, the Federal Pell Grant, financial aid programs administered by the Delaware Higher Education Commission, and financial aid programs administered by Delaware State University, and shall have accepted all such financial assistance offered or awarded to the student, except for loans.

(4) A student shall have graduated from a Delaware public or nonpublic high school with a minimum cumulative average of either 80% or higher on a 100-point scale or a grade point average (G.P.A.) of 2.75 or higher on a 4.0 scale as indicated on the student’s official high school transcript. For purposes of this subchapter, a student who does not meet the qualifying criteria may request the institution recalculate the point percentage or G.P.A. based on the student’s official high school transcript and the following conversion table:

For purposes of this conversion chart, the numerical value assigned to a letter grade shall be the lowest value in the numerical scale.

(5) A student shall have satisfied admission standards as determined by Delaware State University.

(6) A student shall be admitted and attend classes at the institution no later than the fall semester immediately after the student’s graduation from high school.

(7) The institution shall create and implement its own equivalency standards for paragraphs (a)(4) and (6) of this section in establishing eligibility of Delaware home schooled students for grants under the Inspire Scholarship Program.

(b) Notwithstanding other provisions in this subchapter, for those individuals who have lived in foster care under the jurisdiction of the Department of Services for Children and Their Families at any point in time between the ages of 16 and 18, whether placed within Delaware or outside Delaware, the provisions of paragraphs (a)(4) and (6) of this section, and § 3414A(a)(1) and (c) of this title do not apply. Any individual qualifying under this subsection shall make steady academic progress toward a bachelor’s degree and shall not be eligible to receive grants if:

(1) The individual does not begin his or her higher education before age 25; or

(2) The individual takes longer than 6 years to attain a bachelor’s degree.

§ 3413A. Grant awards/operations.

The institution shall establish and implement its own procedures to award grants to eligible students subject to appropriations for such purpose, including, but not limited to, a procedure to determine priority among applicants in the event that the amount of grants requested by eligible applicants exceeds the appropriation, which may include consideration of financial need and academic achievement. Grant awards shall not exceed the available appropriation for each fiscal year. Grant awards shall be disbursed as follows:

Beginning with the 2010-2011 academic year, tuition assistance shall be provided to qualifying applicants in an amount equal to the following:

(1) A recipient shall receive a grant for tuition assistance that shall be equal to what would be received by a similar SEED scholarship recipient.

(2) Inspire grants are renewable, provided that the recipient meets eligibility requirements in § 3414A of this title, however, the entire amount of the grant over the recipient’s education may not exceed the total amount of a SEED grant over a SEED recipient’s education.

(3) If, as a result of applying for federal and state student financial aid, or through other means, it becomes apparent that deliberate fraud was involved in the application process, the institution may reevaluate the recipient’s eligibility for grant assistance, and may withdraw a grant award. Any grant award made as the result of deliberate fraud may be recovered by the State through an action at law.

§ 3414A. Maintaining eligibility.

(a) To maintain continued state payment of tuition once enrolled at the institution shall meet all of the following:

(1) Make steady academic progress toward a degree, earning not less than the minimum number of hours of credit required for full-time standing in each academic year.

(2) Maintain continuous enrollment for not less than 2 semesters in each successive academic year, unless granted an exception for cause by the institution.

(3) Have a cumulative grade point average of at least 2.75 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average. The institution may grant exceptions upon appeal.

(4) The student and family shall certify that the student has not been convicted of any felony.

(5) Complete 10 hours of community service, as defined by the institution, per semester.

(b) Grants made by the Inspire Scholarship Program shall not be allowed for courses or other post-secondary units repeated or taken in excess of the requirements for completion of an bachelor’s degree with the exception of those courses required by the institution for program admission.

(c) Students are eligible to participate in this program for a period not to exceed 8 continuous semesters, not including the summer semester.

§ 3415A. Disbursement.

(a) Funds awarded from this program shall be disbursed on a semester by semester basis upon receipt of enrollment verification.

(b) No disbursement on behalf of an individual student, pursuant to this subchapter, shall be greater than the tuition charged by the institution.

§ 3416A. Additional responsibilities.

(a) The institution shall develop, promote, and coordinate a public awareness program to inform students and parents of the Inspire Scholarship Program.

(b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least 1 Inspire Scholarship Program contact person, who shall be either a counselor or teacher, at each high school site in this State. The Department of Education shall also ensure that all printed or electronic communications relating to a school activity include information about the Inspire Scholarship Program. Printed and electronic communications shall include, but is not limited to, middle school, high school, or district-wide school activity announcements found in or on printed programs, newsletters, e-newsletters, community newspapers, and websites. For school activities where general announcements are made by any school official, information relating to the Inspire Scholarship Program shall also be included in those communications.

Subchapter XVI.. The Delaware Advance Scholarship Act

§ 3421A. Purpose.

Under this subchapter, qualified, state-resident students with intellectual disabilities are eligible for grants to pay tuition at institutions of higher education in this State to pursue studies leading to a recognized credential. It is the intent and purpose of the General Assembly, through this subchapter, to help ensure that students with intellectual disabilities in this State have the same opportunities as their peers without disabilities to excel academically and pursue higher education regardless of financial circumstances. Therefore, payments under this program are grants, not loans.

§ 3422A. Definitions.

As used in this subchapter:

(1) “Academic year” means the 3 consecutive academic semesters beginning with the fall semester.

(2) “CTP Program” means a federally-approved comprehensive transition and postsecondary program, under 34 C.F.R. § 668.232, for students with intellectual disabilities that leads to a degree, certificate, nondegree, or noncertificate credential that, in accordance with 34 C.F.R § 668.231, meets all of the following:

a. Is offered by a participating institution.

b. Is delivered to students physically attending the institution.

c. Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment.

d. Includes an advising and curriculum structure.

e. Requires students with intellectual disabilities to have at least ½ of their participation in the program, as determined by the institution, focus on academic components through 1 or more of the following activities:

1. Taking credit-bearing courses with students without disabilities.

2. Auditing or otherwise participating in courses with students without disabilities for which the student does not receive regular academic credit.

3. Taking noncredit-bearing, nondegree courses with students without disabilities.

4. Participating in internships or work-based training in settings with individuals without disabilities.

f. Provides students with intellectual disabilities opportunities to participate in coursework and other activities with students without disabilities.

(3) “Full-time” means a minimum of 24 credit hours or 300 clock hours in each academic year.

(4) “Institution” means a state-funded institution of higher education in this State that offers a CTP Program.

(5) “Student with an intellectual disability” means a student with a cognitive impairment characterized by significant limitations in cognitive functioning and adaptive behavior as expressed in conceptual, social, and practical adaptive skills who meets 1 or both of the following:

a. Is currently, or was formerly, eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. §  1400 et seq.], including a student who was determined eligible for special education or related services under the IDEA but was home-schooled or attended private school.

b. Is eligible for services from the Division of Developmental Disabilities Services.

(6) “Tuition” means costs associated with coursework and CTP Program-related fees.

§ 3423A. Delaware Advance Scholarship Program; establishment; administration; report.

(a) This subchapter establishes the Delaware Advance Scholarship Program.

(b) An institution at which a student is enrolled or has sought admission shall administer this subchapter for the institution.

(c) An institution under subsection (b) of this section shall adopt rules and regulations as it deems necessary and proper for the administration of this subchapter.

(1) The institution may include in its rules and regulations an appeals process to grant exceptions to the eligibility requirements set forth in § 3424A of this title for applicants who are unable to attend classes in the fall semester immediately after graduation from high school due to a documented medical or mental condition.

(2) a. If an institution adopts an appeals process under paragraph (c)(1) of this section, the institution may offer an admission deferral of up to 1 calendar year in duration to a student who seeks to defers admission due to a documented medical or mental condition.

b. An institution may grant a student who was offered an admission deferral under paragraph (c)(2)a. of this section an additional admission deferral of up to 1 calendar year in duration if the student seeks the additional deferral due to a documented medical or mental condition.

(d) An institution shall annually report to the Controller General the number of students enrolled in the Delaware Advance Scholarship Program and the total amount of expenditures made under this subchapter.

§ 3424A. Initial eligibility.

(a) A student must meet all of the following to be eligible to participate in the Delaware Advance Scholarship Program and to qualify for a grant to pay tuition by the State under this subchapter for the first semester or other academic unit of postsecondary enrollment at an institution:

(1) Be under 25 years of age.

(2) Be a student with an intellectual disability.

(3) Meet the state residency requirements in the institution’s residency policy.

(4) Be enrolled at the institution on a full-time, credential-seeking basis or be seeking a credential through the institution’s academic accommodation policy.

(5) Not have a felony conviction. The student must certify this fact. If the student is unable to so certify, whether due to minority or disability, the student’s parent, legal guardian, or relative caregiver shall make this certification on the student’s behalf.

(6) Have applied for all appropriate forms of financial aid for which the student is eligible including the Federal Pell Grant, financial aid programs administered by the Delaware Higher Education Office, and financial aid programs administered by the institution, and have accepted all such financial assistance offered or awarded to the student, except for loans.

(7) Have graduated from a public or nonpublic high school in this State with a certificate of completion or diploma as indicated on the student’s official high school transcript.

(8) Meet the institution’s admission standards.

(9) Be admitted and attend classes at the institution no later than 2 years after the student’s completion of high school.

(b) An institution shall create and implement its own equivalency standards for paragraphs (a)(7) and (a)(9) of this section in establishing eligibility of home-schooled students of this State for grants under this subchapter.

(c) Notwithstanding other provisions of this subchapter, the provisions of paragraphs (a)(7) and (a)(9) of this section do not apply to any of the following:

(1) A student who is a resident of this State and who acquired an intellectual disability within the developmental period between the ages of 18 and 21.

(2) A student who has lived in foster care under the jurisdiction of the Department of Services for Children, Youth, and Their Families at any point between the ages of 16 and 18, whether placed within this State or outside the State.

§ 3425A. Grant awards.

(a) An institution shall establish and implement its own procedures to award grants to students who meet the eligibility requirements of this subchapter, subject to appropriations for such purpose.

(b) (1) An institution’s procedures under subsection (a) of this section must include a procedure to determine priority among students if the amount of grants requested by students who meet the eligibility requirements of this subchapter exceeds the appropriation.

(2) An institution’s procedure under paragraph (b)(1) of this section may include consideration of financial need and academic achievement.

(c) An institution’s grant awards may not exceed the available appropriation for each fiscal year.

(d) Beginning with the 2018 through 2019 academic year, an institution shall disburse its grant awards as follows:

(1) A student who meets the eligibility requirements of this subchapter and who is not receiving any other financial assistance specifically designated for tuition and other regularly assessed fees, not including loans, may receive a grant equal to the full amount of tuition charged by the institution.

(2) A student who meets the eligibility requirements of this subchapter and who is receiving other financial assistance specifically designated for tuition and other regularly assessed fees may receive a grant in the amount of the difference between the amount of tuition charged by the institution and the amount of the other financial assistance available to the student.

(3) a. If a student meets the eligibility requirements of this subchapter, an institution may renew a grant made under this subchapter.

b. Notwithstanding paragraph (d)(3)a. of this section, the total amount of grants awarded under this subchapter to a student over the course of a student’s education may not exceed the total amount of grants awarded to a student under subchapter XIV of this chapter over the course of that student’s education.

(e) If, as a result of applying for federal and state student financial aid, or through other means, it becomes apparent that deliberate fraud was involved in the application process, the institution may reevaluate the student’s eligibility for grant assistance, and may withdraw a grant award. The State may recover a grant award made as the result of deliberate fraud through an action at law.

(f) A student may not use grants awarded under this subchapter for courses or other post-secondary units repeated or taken in excess of the requirements for completion of the program credential.

§ 3426A. Maintaining eligibility.

(a) A student must meet all of the following to maintain eligibility for grants under this subchapter once enrolled at an institution:

(1) Make steady academic progress toward a credential, earning not less than the minimum number of clock or credit hours required for full-time standing in each academic year.

(2) Maintain continuous enrollment for not less than 2 semesters in each successive academic year, unless granted an exception for cause by the institution.

(3) Maintain satisfactory academic progress in accordance with the institution’s financial aid policy, unless granted an exception for cause by the institution.

(4) Not have a felony conviction. The student must certify this fact. If the student is unable to so certify, whether due to minority or disability, the student’s parent, legal guardian, or relative caregiver shall make this certification on the student’s behalf.

(b) (1) A student who meets the eligibility requirements of this subchapter may participate in the Delaware Advance Scholarship Program for a period not to exceed 6 continuous semesters, not including any summer semester.

(2) Notwithstanding paragraph (b)(1) of this section, a student may not take more than 5 years to attain a credential.

(c) Notwithstanding other provisions of this subchapter, subsection (b) of this section does not apply to any of the following:

(1) A student who is a resident of this State and who acquired an intellectual disability within the developmental period between the ages of 18 and 21.

(2) A student who has lived in foster care under the jurisdiction of the Department of Services for Children, Youth, and Their Families at any point between the ages of 16 and 18, whether placed within this State or outside the State.

§ 3427A. Disbursement.

(a) Funds awarded under this subchapter are to be disbursed on a semester by semester basis upon receipt of enrollment verification.

(b) A disbursement of funds on behalf of a student under this subchapter may not exceed the tuition charged by the institution at which the student is enrolled.

§ 3428A. Additional responsibilities.

(a) An institution participating in the Delaware Advance Scholarship Program shall develop, promote, and coordinate a public awareness program to inform students and parents of the Delaware Advance Scholarship Program.

(b) The Department of Education shall ensure that every school district, and each charter and nonpublic high school, designates at least one Delaware Advance Scholarship Program contact person, who must be a counselor, teacher, or transition coordinator at each high school in this State.

Approved October 12, 2021